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Covid-19 and its impact on Commercial Contracts" Research Working Paper 30-Dec-2021 by CTCL-NLUD

Centre for Transnational Commercial Law announces the publication of a Research Working Paper titled "Covid-19 and its impact on Commercial Contracts". 


This research primarily aims to analyse the impact of the COVID-19 on commercial contracts and suggest solutions to navigate through the pandemic induced contractual roadblocks. The paper includes four sections. The first section attempts to evaluate the knock- on effects of the pandemic on international trade and contracts. It mainly focuses on the effect of COVID-19 on the performance of various industries, contractual obligations, business cycles, and insolvencies. Additionally, it evaluates how the pandemic has contributed to the interpretation of pre-pandemic negotiated contracts.


The second section deals with relevant doctrines and principles, including force majeure clauses, the doctrine of frustration, the doctrine of supervening illegality, etc. These are frequently invoked when the performance of a contract becomes impossible. It not only deals with the basic content of these doctrines and principles but also relates them significantly to an event such as the pandemic. The third section analyses whether an event resembling COVID-19 has been accommodated by international conventions i.e. UPICC, CISG, and PECL. A detailed study of the provisions under the international conventions has been carried out in this section. The fourth section endeavours to provide comprehensive solutions to the readers on how to escape the legal implications of COVID-19 in terms of mitigating risks. It deals with addressing the possibility of losses before signing the contract, finding alternatives and suggesting ways to execute them. Overall, the research shall serve as a comprehensive guide for the readers on the impact of COVID-19 on businesses and commercial contracts and also serve as a point of reference for future course of action.


About Us


Centre for Transnational Commercial Laws (CTCL), NLU Delhi is a premier research centre working towards the advancement of the study and practice of transnational commercial laws in India. The centre has been involved in rigorous research in this field in the past and strives to be a national leader in private and government transnational commercial law research and training.


In addition to releasing numerous reputed publications on this subject, CTCL regularly conducts various nationwide courses, workshops, and seminars/conferences on transnational commercial laws in association with UNCITRAL and other esteemed national and international authorities in this area. The centre also actively engages in deliberations involving the Unification and Harmonization of International Private Laws along with the UNCITRAL, UNIDROIT, The Hague Conference, and similar institutions & organizations.


CTCL is engaged in providing consultative services to Government, Institutions, and Organizations, dedicated to the development of Transnational Commercial Law and Practice. It has been a recipient of grants from the Ministry of Human Resources and Development (MHRD) for the conduct of the MHRD GIAN Course on Comparative Contract Law & Practice and on Cross Border Business Law and Practice, Transnational Commercial Law, International Business Transactions, Comparative Insolvency and Bankruptcy Law.


CTCL has been actively working with the Insolvency and Bankruptcy Board of India (IBBI), Regulatory Authority, specifically in formulation of the Continuous Professional Education (CPE) Policy for the Insolvency Professionals regulated by the IBBI. CTCL has also acted as rapporteurs for several events, conferences related to Insolvency, Bankruptcy, Business Laws and contributed to the final outcome/policy document. We have also been academic consultant in the British High Commission funded project with the Confederation of Indian Industries (CII) and AZB & Partners. CTCL has also been organising the Insolvency and Bankruptcy Moot Competition since 2017, UNCITRAL RCAP Asia Pacific Day events since 2016.


Chairman and Chief Patron: Prof. (Dr.) Srikrishna Deva Rao, Vice Chancellor, NLU Delhi

Mentor & Patron: Prof. (Dr.) Anupama Goel, Registrar, NLU Delhi

Director: Dr. Risham Garg, Associate Professor of Law, NLU Delhi


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